Woll HW Check #11 – Federalist 78 and Marbury v. Madison

Print out, complete and bring to class on the assigned due date.

SHORT ANSWER QUESTIONS – write your answer in the space provided

1. Hamilton points out that the judicial department of government is the least to be feared in terms of its capability to exercise significant political power. He argues that the executive and legislature are far more powerful policymaking bodies. Why do you feel Hamilton was so careful to point out the relative impotence of the judiciary?

2. What was Hamilton's position regarding the power of the judiciary to declare legislative acts contrary to the Constitution void?

1. Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government?

2. What arguments does Hamilton advance for establishing permanency of judicial offices?

3. Chief Justice Marshall recognized that all three branches of the government take oaths to uphold the Constitution. Why, then, did he feel that it is the responsibility of the courts to determine ultimately whether or not a law is unconstitutional when it is challenged in a case and controversy?

4. Why, according to Marshall, is the Constitution superior to any ordinary act of the legislature?

Multiple Choice

1. In Federalist 78, Alexander Hamilton stated that:

a) the complete independence of the courts of justice is essential in a limited constitution.

b) the independence of the courts is unnecessary in a limited constitution.

c) the president and Congress should exercise partial control over the courts.

d) judges should not have life tenure.

2. In Federalist 78, Alexander Hamilton:

a) said nothing about judicial review.

b) declared that the courts should have the power to overturn unconstitutional acts of Congress.

c) said that judicial review is unnecessary in a limited constitution.

d) held that Congress and the courts were equal in their authority to interpret the Constitution.

3. In Federalist 78, Alexander Hamilton stated that:

a) Congress should be the judge of its constitutional powers.

b) the interpretation of laws is the proper and peculiar province of the courts.

c) Congressional laws should have the same authority as the Constitution.

d) Congressional statutes, not the Constitution, represent the will of the people.

4. In Marbury v. Madison (1803), Chief Justice John Marshall proclaimed:

a) the authority of the Supreme Court to review the constitutionality of state laws.

b) the Supreme Court's power to exercise judicial review over congressional laws.

c) a and b

d) none of the above.

5. Which of the following statements did Chief Justice John Marshall not

make in Marbury v. Madison (1803)?

a) A legislative act contrary to the Constitution is not law.

b) Those who have framed written constitutions contemplate them as forming the fundamental law of the nation.

c) An act of the legislature, repugnant to the Constitution, is void.

d) It is not the province and duty of the courts to say what the law is.

6. Chief Justice John Marshall stated in Marbury v. Madison (1803) that:

a) the Constitution is the superior and paramount law of the land.

b) constitutional interpretation resides as much in Congress as in the Supreme Court.

c) congressional laws have the same authority as does the Constitution.

d) it is up to the courts to decide whether or not the Constitution is superior to a legislative act.